Texas 2023 - 88th Regular

Texas House Bill HB5087 Compare Versions

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1	1	88R14176 JG-D
2	2	By: Bowers H.B. No. 5087
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of abortion, including abortion
8	8	complication reporting and the repeal of certain laws prohibiting
9	9	abortion.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Sections 171.006(a) and (b), Health and Safety
12	12	Code, as added by Chapter 4 (H.B. 13), Acts of the 85th Legislature,
13	13	1st Called Session, 2017, are amended to read as follows:
14	14	(a) In this section, "abortion complication" [or "adverse
15	15	event"] means any harmful event or adverse outcome with respect to a
16	16	patient related to an abortion that is performed [or induced] on the
17	17	patient and that is diagnosed or treated by a health care
18	18	practitioner or at a health care facility and includes:
19	19	(1) shock;
20	20	(2) uterine perforation;
21	21	(3) cervical laceration;
22	22	(4) hemorrhage;
23	23	(5) aspiration or allergic response;
24	24	(6) infection;
25	25	(7) sepsis;
26	26	(8) death of the patient;
27	27	(9) incomplete abortion;
28	28	(10) damage to the uterus; or
29	29	(11) an infant born alive after the abortion[;
30	30	[(12) blood clots resulting in pulmonary embolism or
31	31	deep vein thrombosis;
32	32	[(13) failure to actually terminate the pregnancy;
33	33	[(14) pelvic inflammatory disease;
34	34	[(15) endometritis;
35	35	[(16) missed ectopic pregnancy;
36	36	[(17) cardiac arrest;
37	37	[(18) respiratory arrest;
38	38	[(19) renal failure;
39	39	[(20) metabolic disorder;
40	40	[(21) embolism;
41	41	[(22) coma;
42	42	[(23) placenta previa in subsequent pregnancies;
43	43	[(24) preterm delivery in subsequent pregnancies;
44	44	[(25) fluid accumulation in the abdomen;
45	45	[(26) hemolytic reaction resulting from the
46	46	administration of ABO-incompatible blood or blood products;
47	47	[(27) adverse reactions to anesthesia or other drugs;
48	48	or
49	49	[(28) any other adverse event as defined by the United
50	50	States Food and Drug Administration's criteria provided by the
51	51	MedWatch Reporting System].
52	52	(b) The reporting requirements of this section apply only
53	53	to:
54	54	(1) a physician who:
55	55	(A) performs [or induces] at an abortion facility
56	56	an abortion that results in an abortion complication diagnosed or
57	57	treated by that physician; or
58	58	(B) diagnoses or treats at an abortion facility
59	59	an abortion complication that is the result of an abortion
60	60	performed [or induced] by another physician at the facility; or
61	61	(2) a health care facility that is a hospital,
62	62	abortion facility, freestanding emergency medical care facility,
63	63	or health care facility that provides emergency medical care, as
64	64	defined by Section 773.003.
65	65	SECTION 2. Section 171.061, Health and Safety Code, is
66	66	amended by adding Subdivision (3) and amending Subdivision (8-a) to
67	67	read as follows:
68	68	(3) "Final printed label" means the informational
69	69	document approved by the United States Food and Drug Administration
70	70	for an abortion-inducing drug that:
71	71	(A) outlines the protocol authorized by that
72	72	agency and agreed to by the drug company applying for authorization
73	73	of the drug by that agency; and
74	74	(B) delineates the manner in which a drug is to be
75	75	used according to approval by that agency.
76	76	(8-a) "Provide" means, as used with regard to
77	77	abortion-inducing drugs, any act of giving, selling, dispensing,
78	78	administering, [transferring possession,] or otherwise providing
79	79	or prescribing an abortion-inducing drug.
80	80	SECTION 3. Section 171.063, Health and Safety Code, is
81	81	amended by amending Subsections (a), (c), and (e) and adding
82	82	Subsection (b) to read as follows:
83	83	(a) A person may not knowingly provide an abortion-inducing
84	84	drug to a pregnant woman for the purpose of inducing an abortion in
85	85	the pregnant woman or enabling another person to induce an abortion
86	86	in the pregnant woman unless:
87	87	(1) the person who provides the abortion-inducing drug
88	88	is a physician; and
89	89	(2) except as otherwise provided by Subsection (b),
90	90	the provision of the abortion-inducing drug satisfies the protocol
91	91	tested and authorized by the United States Food and Drug
92	92	Administration as outlined in the final printed label of the
93	93	abortion-inducing drug [this subchapter].
94	94	(b) A person may provide the abortion-inducing drug in the
95	95	dosage amount prescribed by the clinical management guidelines
96	96	defined by the American College of Obstetricians and Gynecologists
97	97	Practice Bulletin as those guidelines existed on January 1, 2013.
98	98	(c) Before the physician provides an abortion-inducing
99	99	drug, the physician must:
100	100	(1) examine the pregnant woman [in person]; and
101	101	(2) [independently verify that a pregnancy exists;
102	102	[(3)] document, in the woman's medical record, the
103	103	gestational age and intrauterine location of the pregnancy [to
104	104	determine whether an ectopic pregnancy exists;
105	105	[(4) determine the pregnant woman's blood type, and
106	106	for a woman who is Rh negative, offer to administer Rh
107	107	immunoglobulin (RhoGAM) at the time the abortion-inducing drug is
108	108	administered or used or the abortion is performed or induced to
109	109	prevent Rh incompatibility, complications, or miscarriage in
110	110	future pregnancies;
111	111	[(5) document whether the pregnant woman received
112	112	treatment for Rh negativity, as diagnosed by the most accurate
113	113	standard of medical care; and
114	114	[(6) ensure the physician does not provide an
115	115	abortion-inducing drug for a pregnant woman whose pregnancy is more
116	116	than 49 days of gestational age].
117	117	(e) A physician who provides the abortion-inducing drug, or
118	118	the physician's agent, must schedule a follow-up visit for the
119	119	woman to occur not later than the 14th day after the administration
120	120	[earliest date on which the abortion-inducing drug is administered]
121	121	or use of the abortion-inducing drug [used or the abortion is
122	122	performed or induced]. At the follow-up visit, the physician must:
123	123	(1) confirm that the woman's pregnancy is completely
124	124	terminated; and
125	125	(2) assess any continued blood loss.
126	126	SECTION 4. Section 171.206(b), Health and Safety Code, is
127	127	amended to read as follows:
128	128	(b) This subchapter may not be construed to:
129	129	(1) authorize the initiation of a cause of action
130	130	against or the prosecution of a woman on whom an abortion is
131	131	performed or induced or attempted to be performed or induced in
132	132	violation of this subchapter;
133	133	(2) wholly or partly repeal, either expressly or by
134	134	implication, any other statute that regulates or prohibits
135	135	abortion[, including Chapter 6-1/2, Title 71, Revised Statutes]; or
136	136	(3) restrict a political subdivision from regulating
137	137	or prohibiting abortion in a manner that is at least as stringent as
138	138	the laws of this state.
139	139	SECTION 5. Section 171.207(b), Health and Safety Code, is
140	140	amended to read as follows:
141	141	(b) Subsection (a) may not be construed to:
142	142	(1) legalize the conduct prohibited by this subchapter
143	143	[or by Chapter 6-1/2, Title 71, Revised Statutes];
144	144	(2) limit in any way or affect the availability of a
145	145	remedy established by Section 171.208; or
146	146	(3) limit the enforceability of any other laws that
147	147	regulate or prohibit abortion.
148	148	SECTION 6. The following provisions are repealed:
149	149	(1) Chapter 170A, Health and Safety Code;
150	150	(2) Section 171.061(2-a), Health and Safety Code;
151	151	(3) Section 171.063(b-1), Health and Safety Code;
152	152	(4) Section 171.0631, Health and Safety Code;
153	153	(5) Section 171.0632, Health and Safety Code;
154	154	(6) Section 171.065, Health and Safety Code;
155	155	(7) Section 171.066, Health and Safety Code; and
156	156	(8) Chapter 6-1/2, Title 71, Revised Statutes.
157	157	SECTION 7. This Act takes effect September 1, 2023.